The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1887-02-02
made public by such common carriers whom al


rected by said Commission, in so far as may, in
the Judgment OF the Commission, be deemed
practicable and said Commission shall from
licity which shnll be given 10 such rates, tares
and charges, or To such part OF them as IL may
deem ID practicable for such common carriers
to publish, and the places in which they
shall be published but no common carrier party
TO any such joint tariff shall be liable for the
failure of any other common carrier party
thereto 10 observe and adhere To the rates, fares
or charges thus made and published. III any
such common carrier snail neglect or refuse TO
file on publish its schedules or tariffs OF rates.
fares, and charges, as provided in this section,
any part of the same, such common carrier,
shall in addition to other penalties herein pre-
scrbed, be subject to u writ of mandamus, TO be
issued by any circuit court of the United states
i'm the judicial district wherein the principal
Office of said common carrier is situated, or
wherein such offonse may be- committed, and II
such common carrier be foreign corporation
in the judicial circuit wherein such common
carrier accepts traffic and has an agent To per-
form such service, to compel compliance with
the aforesaid provisions of this section and
such writ shall issue in the name OF the people
Of the United States at the relation of the Com
missioners appointed under the provisions OF
this act, and failure to comply with its re-
quirements Shall be punishable as and for
complainants may also apply, in any such Cir
cult Court of the United states, for writ OF
injunction against such common carrier, TO re-
strain such common carrier from receiving or
transporting property among the several States
the United States and adjacent foreign coun-
tries, or between ports of transshpment and OF
entry and the several States and Territories of
the United States, as mentioned IN the hrst sec.
ton of this act until such common carrier
shall have complied with the aforesaid pro-
visions OF this section of this act.
Sec. z. That it shall be unlawful for any COM
mon carrier subject To the provisions of this act
to enter into any com ination, contract or agree
ment, expressed or implied, TO prevent by
change of time schedule carriage in different
other devices,
of reights from being continuous from the place
of shipment to the place Of destination; and no
break of bulk, stOppage or interruption made
by such common carrier shall prevent the car
riage of freights from being and being treated
as one continuous carriage from the place OF
shipment to the place OF destination, unless
such break stoppage or interruption was made
in good faith for some necessary purpose, ana
without any intention to avoid or unnecessarily
interrupt such continuous carriage or TO evade
any of the provSs ions of this act.
Sec. ;. That in case any common carrier sub
ect TO the provisions of this act shall do, cause
TO be done or permit TO be done any act mat
ter, thing in this act prohibited or declared
TO be unlawful, or shall omit TO do any act, mat
ter, or thing in this act required To be done,
such common carrier shall be liable to the per
son or persons injured thereby for the full
amount of damages sustained in consequence
of any such violation of the provisions OF this
act together with reasonable counsel or Mt
torney's fees, to be fixed by the court in every
case of recovery. which attorneys fees shall be
taxed and collected as part of the costs in the
case
Sec. o. That any person or persons claiming
TO be damaged by any common carrier subject
TO the provis. ons Of this act may either make
complaint 10 the Commission as hereinafter
provided for, or may bring suit in his or their
own behalf for the recovery OF the damages Tor
which such common carrier may DO liable I'M
der the provisions of this act in any District
or Circuit Court Of the United States Of compe-
tent jurisdiction; but such person or persons
shall not have the right 20 pursue both of such
remedies, and must in each case elect which
one of the two methods OF procedure herein
provided for he or they will adopt. In any
such action brought for the recovery of dam
ages the court before which the same shall be
pending may compel any director, officer re-
ceiver trustee, or agent Of the corporation or
company defendant in such suit to attend, APP
pear, and testify in such case, and may compel
the production of the books and papers Of such
corporation or company party to any such suit ;
may tend TO criminate the person giving such
evidence shall not excuse such witnesStrom tes-
tifying. but such evidence or testimony shall
not be used against such person on the trial of
any criminal proceeding.
Sec. 10 That any common carrier subject to
the provisions of this act, or, whenever such
common carrier is n corporation any director or
officer thereof, or any receiver trustee, lessee,
agent or person acting for or employed by such
corporation, who, alone or with any other cor
poration, company, person or party, shall will
fully do or cause to be done, or shall willfully
suffer or permit TO be done, any act, matter or
thing in this act prohibited or declared TO be
unlawful or who shall aid abet therein. or
shall wilfully omit or fail 70 do any act
matter or thing in this act required to be done,
or shall cause or willfully suffer or permit any
act, matter or thing so directed or required by
this act to be done not 10 be so done, or shall
aid abet uny' such omission or failure, or
| shall be guilty of any infraction of this act
or shall aid or abet therein, snail be deemed
guilty of n misdemeanor, and shall, upon
conviction thereof in any District Court Of
the United States within the jurisdiction Of
which such oitense was committed, be subject
to fine of not to exceed $1,000 for each offense
Sec II. That commission is hereby created
and established to be known as the Interstate
Commerce Commission, which shall be COM
posed OF five Commits toner's, who shall be aD-
pointed by the President, by and with the adj
vice and consent Of the Senate. The Commits
sioners first appointed under this act shall con-
tinue IN Office for the term of two, three, four
FIVE, and six years respectively, from the 1st
day Of January, a. ID. lSS1, the term of each to
be designated by the President; but their sue
cessors shall be appointed for terms of six
years, except that any person chosen to fill n
vacancy shall be appointed only for the unex-
pired term of the Commissioner whom he shall
succeed. ANY Commissioner may be removed
by the President for inefiiciency, neglect of
duty or malfeasance in office. Not more than
three Of the Commissioners shall be appointed
from the same political party. No person in the
employ of or holding any official relation to any
common carrier subject TO the provision of this
net, or owning stock or bonds thereof, or who is
in any manner pecuniarily interested therein
shall enter upon the duties OF or hold such
office. Said Commissioners shall not engage in
-
No vacancy in the Commission shall impair the
right of the remaining Commits sioners TO exer-
else all the powers Of the Commission.
Sec H. That the Commission hereby created
shall have authority to inquire into the man.
agement of the business OF all common car
riers subject to the provisions Of this act and
shall keep itself informed to the manner
and method in which the Same is conducted,
and shall have the right TO obtain from such
common carriers full and complete Information
necessary to enable the Commission to perform
the duties and carry out the objects for which
it was created AMI for the purposes of this act
the Commission shall have power to require
the production of all books papers, tariffs
contracts. agreements, and documents relating
TO any matter under investigation, and to that
end may invoke the aid of any court
of the United States in requiring the
| attendance and testimony of witnesses
and the production OF books, papers,
and documents under the provisions of this Sec
ton. And any of the Circuit Courts Of the
United States within the Jurisdiction of which
such inquiry is carried on may, in case of con-
tumacy refusal to obey a subpoena issued TO
any common carrier subject TO the provisions of
this act, or other person, issue order requir-
ing such common carrier or other person to ap-
pear before said Commission and produce books
and papers, IL so ordered, and give evidence
touching the matter in question; and any fail
ure TO obey such order of the Court may be pun
ished by such Court as contempt thereof. The
claim that any such testm ony evidence may
tend 20 criminate the person giving such evil
dence shall not excuse such witness from testi-
flying; bat such evidence or testimony shall not